Statute barred debt & Default reporting to CRA's

VitaK

National Debtline "prove it" letter

Harassment by telephone

Statute barred debts and the Limitation Acts

Lensman_2

Letter templates. Pick your weapons...
https://forums.moneysavingexpert.com/discussion/comment/11570893#Comment_11570893
Make sure you head EVERY correspondence "I DO NOT ACKNOWLEDGE ANY DEBT WITH YOU OR ANY COMPANY YOU REPRESENT".
Don't be shy to report them.

The usual way to ascertain the date of last payment is to submit a Subject Access Request to the person who you were dealing with at the time. For the sake of £10 I would send one off.

Simon7685

Thanks for the links guys, I'm off to start looking through them all now.

Simon7685

A question about the "prove it" letter.....

I presume that I type my name and not physically sign it?

Also and I know this might sound bizarre but do I actually put my address on the letter? If I do am I not acknowledging that I am me and resident at the address they hold for me? Like I said it probably sounds a bit bizarre but I don't want to give them anything that they can use on me, if it was to turn out it wasn't statute barred.

Hope that makes some sort of sense.

fatbelly

They already know that you are you, and where you live.

You can print your name if you want.

A year ago you thought that it was 5 and 1/2 years since the last acknowledgement. I think now is the time to engage with a prove-it, and see what they come back with.

Simon7685

Okey Dokey

So I have spent some time over the last couple of days reading through the letters. There are some great letters there, so thank you for the help finding them.

I have also been double checking everywhere in the house for the old records and still can't find them. Through process of elimination of other things I have concluded that the last contact/acknowledgement of this debt was either 2006 or early to mid 2007, which throws a different slant on things.

So if I send the prove it letter to Robinson Way and they come back and it was say 2007 and hasn't reached the magical 6 year figure, what are liable to be my options then?

Or do I just go back to ignoring things until I am sure by waiting until the middle of 2013 and then do it. I would have thought that if they intended taking any court action, it would have been done by now surely.

Simon7685

Also I meant to ask (and I think I know the answer to this one) if I send the prove it letter does that count in any way towards them using it as some sort of acknowledgement? If I have understood correctly I don't think it does but best to ask.

fatbelly

Simon7685 wrote: »

So if I send the prove it letter to Robinson Way and they come back and it was say 2007 and hasn't reached the magical 6 year figure, what are liable to be my options then?

Or do I just go back to ignoring things until I am sure by waiting until the middle of 2013 and then do it. I would have thought that if they intended taking any court action, it would have been done by now surely.

A prove-it doesn't acknowledge the debt as it includes the phrase 'We would point out that we have no knowledge of any such debt'

They may respond with 'you made a payment in 2007' (even if you didn't). Most DCAs lie and invent a payment in this instance. Your problem is that you can't prove this one way or the other. So it may be safer to continue to ignore.

In the remote case of them commencing a court claim, you have your defence and they would then have to prove that you did acknowledge after Oct 2006.

Simon7685

OK thanks for that, I'll hold off sending anything yet, there have been no further phone calls, so the harrassment threat seems to be working for now. In the meantime I will keep searching for the golden nugget of when I actually did last make a payment. I cannot believe I would have thrown it out......
I even still have payslips from when I was 18 and am 46 now lol:rotfl:

Simon7685

Postman just delivered the following letter;

22/10/12

We are writing to advise you that we intend to recover the full outstanding balance, as noted above.

As the account has now been assigned to Robinson Way all future PAYMENTS and letters must be sent DIRECTLY TO US. If you fail to co-operate with us you risk further action being taken to recover the sum you owe.

If you have any queries please telephone us without delay on 0800 121 6904, or email us at: payline@robinson-way.com

You can also deal with us online at: https://www.robway.co.uk

So would you say this is yet another try on, hoping I will contact them to acknowledge and arrange payment.

Surely if they could enforce this they would have taken court action by now, which suggests that it may be statute barred?

I really need to find this paperwork.